Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73445 

* * * * * 

[FR Doc. 2013–28956 Filed 12–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0728, FRL–9903–58– 

Region 8] 

Disapproval, Approval and 

Promulgation of Air Quality 

Implementation Plan Revisions; 

Infrastructure Requirements for the 

1997 and 2006 PM2.5 National Ambient 

Air Quality Standards; Prevention of 

Significant Deterioration; Wyoming 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving the State 

Implementation Plan (SIP) submissions 

from the State of Wyoming to 

demonstrate that the SIP meets the 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for fine particulate matter 

(PM2.5) on July 18, 1997 and on October 

17, 2006. The CAA requires that each 

state, after a new or revised NAAQS is 

promulgated, review their SIPs to 

ensure that they meet infrastructure 

requirements. The State of Wyoming 

provided infrastructure submissions for 

the 1997 and 2006 PM2.5 NAAQS on 

March 26, 2008 and August 19, 2011, 

respectively. EPA is also approving 

revisions to Wyoming’s Prevention of 

Significant Deterioration (PSD) program 

that incorporate necessary provisions 

from EPA’s 2010 PM2.5 Increment Rule. 

DATES: This final rule is effective 

January 6, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0728. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials CBI mean or refer to 

confidential business information. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials NAAQS mean or refer 

to national ambient air quality 

standards. 

(v) The initials NSR mean or refer to 

new source review. 

(vi) The initials PM mean or refer to 

particulate matter. 

(vii) The initials PM 2.5 mean or refer 

to particulate matter with an 

aerodynamic diameter of less than 2.5 

micrometers (fine particulate matter). 

(viii) The initials PSD mean or refer 

to Prevention of Significant 

Deterioration. 

(ix) The initials SIP mean or refer to 

State Implementation Plan. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

Infrastructure requirements for SIPs 

are provided in sections 110(a)(l) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR), 

published on September 6, 2013 (78 FR 

54828). 

In the NPR, EPA proposed to approve 

Wyoming’s March 26, 2008 and August 

19, 2011 submissions for the following 

infrastructure elements for the 1997 and 

2006 PM2.5 NAAQS: (A), (B), (C) with 

respect to minor New Source Review 

(NSR) and PSD requirements, (D)(ii), 

(E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), 

and (M). We also proposed to approve 

revisions to the Wyoming Air Quality 

Standards and Regulations (WAQSR), 

Chapter 6, Section 4, as submitted on 

May 24, 2012, which incorporate the 

requirements of the 2010 PM2.5

Increment Rule; specifically, revisions 

to: Chapter 6, Section 4 (a) Definitions 

of ‘‘Baseline area,’’ ‘‘Major source 

baseline date,’’ and ‘‘Minor source 

baseline date’’; Chapter 6, Section 

4(b)(i)(A)(I) Table 1; Chapter 6, Section 

4(b)(viii); and Section 14. The reasons 

for our approval are provided in detail 

in the NPR. We have also separately 

completed our proposed action of June 

24, 2013, 78 FR 37752, approving 

Wyoming’s March 8, 2013 submittal to 

regulate greenhouse gases under 

Wyoming’s PSD program and 

concurrently rescinding our 

corresponding federal implementation 

plan. With these updates to the State’s 

approved PSD program, Wyoming’s 

infrastructure submissions for the 1997 

and 2006 PM2.5 NAAQS are approvable 

with respect to the PSD requirements in 

infrastructure elements (C) and (J). 

For reasons explained in the NPR, 

EPA proposed to disapprove Wyoming’s 

March 26, 2008 and August 19, 2011 

submittals for the section 110(a)(2)(E)(ii) 

infrastructure element, related to CAA 

section 128, State Boards, for the 1997 

and 2006 PM2.5 NAAQS. EPA is taking 

no action at this time on infrastructure 

element (D)(i), which concerns 

interstate transport of pollutants, for the 

2006 PM2.5 NAAQS. 

II. Response to Comments 

We received one set of comments 

from the Wyoming Department of 

Environmental Quality (DEQ). DEQ 

supported our proposed approval of 

Wyoming’s infrastructure submissions 

for the 1997 and 2006 PM2.5 NAAQS for 

elements (A), (B), (C) with respect to 

minor NSR and PSD requirements, 

(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), 

(L), and (M). However, DEQ took issue 

with certain aspects of our action. 

Comment: DEQ states that EPA, in our 

proposal notice, summarized, and in 

some cases incorrectly stated, the 

references within the infrastructure SIP 

submittals to various regulatory and 

non-regulatory provisions. DEQ asked 

that EPA ‘‘correct the citations’’ in the 

summaries ‘‘to ensure accuracy and 

maintain consistency’’ between EPA’s 

notices and Wyoming’s submittals. 

Response: EPA disagrees with certain 

portions of this comment. In our 

proposal notice, the summaries of the 

state’s submittals were merely meant to 

be descriptive in general terms. For the 

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73446 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 

most part, these summaries accurately 

stated that the infrastructure SIP 

submittals cited provisions ‘‘included’’ 

in various chapters of the WAQSR. By 

this, we meant the submittals had cited 

certain provisions included within the 

chapters; we did not mean that the 

submittals cited the entire chapter. The 

summaries did not identify any 

particular provisions with those 

Chapters as legally relevant. Instead, our 

separate analysis for each element 

explained which provisions were 

relevant in meeting requirements of 

specific elements. EPA notes that the 

infrastructure SIP submittals (which are 

included in the docket for this 

rulemaking) speak for themselves and 

EPA does not need to reproduce them 

verbatim (or the exact citations within 

them). 

EPA does agree that, in a few 

instances, DEQ correctly notes that EPA 

erred in its summary. For element (B), 

DEQ is correct that the submittals did 

not cite any provisions within Chapter 

1 of the WAQSR. For element (F), the 

proposal notice omitted a comma, 

making it appear that the submittals 

cited 1979 versions of certain provisions 

in Chapters 6 and 7, instead of the 

current versions. For element (H), 

although EPA did not include in our 

summary all the provisions cited in the 

submittals, EPA did reference the cited 

provisions in our analysis. For the 

public notification requirements in 

element (J), DEQ is correct that the 

submittals described a document as 

‘‘non-regulatory.’’ For element (K), EPA 

agrees that DEQ’s description of the 

submittal is correct. None of these 

minor corrections to our summaries in 

any way changes or modifies EPA’s 

analysis of how the submittals for the 

1997 and 2006 PM2.5 NAAQS 

substantively met infrastructure 

requirements. As a result, these minor 

corrections do not change our proposed 

action on the submittals. 

Comment: DEQ requested that EPA 

add approval language specifically 

citing elements (E)(i) and (E)(iii) in our 

final rule. 

Response: EPA has examined the 

proposal to be sure that we adequately 

addressed these elements in our 

proposal. Although we did not 

specifically cite elements (E)(i) and 

(E)(iii) in our paragraph analyzing 

Wyoming’s submittal, the paragraph 

introducing our description and 

analysis of Wyoming’s submittal cited 

(and in fact quoted) those two elements. 

In context, the introductory paragraph 

makes clear that the description and 

analysis address elements (E)(i) and 

(E)(iii). Furthermore, in section VI of our 

proposal notice, we specifically stated 

that we proposed to approve the 

infrastructure SIP submittals for the 

1997 and 2006 PM2.5 NAAQS for 

(among others) elements (E)(i) and 

(E)(iii). Finally, to ensure that our 

approval of these elements is clear, the 

notice for this final action specifically 

states that we are approving the 

submittals for (among others) elements 

(E)(i) and (E)(iii). 

Comment: DEQ requested that EPA 

remove our discussion of the State’s 

minor NSR program from the final 

approval of the infrastructure SIP 

submissions. DEQ stated that the minor 

NSR program in WAQSR Chapter 6, 

Section 2 is an approved program and 

is not at issue in an infrastructure SIP 

action. DEQ stated that the reference to 

WAQSR Chapter 6, Section 2 is outside 

the scope of EPA’s action on the 

submissions. 

Response: EPA disagrees with this 

comment. First, we note that DEQ, in 

both of its infrastructure submissions, 

specifically cited WAQSR Chapter 6, 

Section 2 as part of how the Wyoming 

SIP addresses infrastructure element (C). 

It is appropriate for EPA, in acting on an 

infrastructure SIP submission, to assess 

the State’s own description of how the 

State’s SIP meets infrastructure 

requirements, and as we next explain, it 

was appropriate for the State in 

addressing element (C) to cite the minor 

NSR program. 

Second, in this action on Wyoming’s 

infrastructure submittals for the 1997 

and 2006 PM2.5 NAAQS, EPA 

appropriately assessed whether 

Wyoming’s approved minor NSR 

program addressed regulation of PM2.5

for sources subject to the program. 

EPA’s position is that an infrastructure 

SIP submittal should demonstrate that 

the state has a minor NSR program to 

regulate the construction of new or 

modified stationary sources that can 

address the new or revised NAAQS that 

triggered the State’s obligation to submit 

an infrastructure SIP. This position 

follows from the language of sections 

110(a)(1) and (a)(2). 

Section 110(a)(1) of the Act requires 

states, within three years of EPA’s 

promulgation of a new or revised 

NAAQS, to submit ‘‘a plan which 

provides for implementation, 

maintenance, and enforcement’’ of the 

standards. This plan, which EPA refers 

to as an ‘‘infrastructure SIP,’’ must at a 

minimum satisfy the applicable 

requirements set out in the elements in 

section 110(a)(2) of the Act. 

In particular, element 110(a)(2)(C) 

requires, among other things, that SIPs 

include ‘‘regulation of the modification 

and construction of any stationary 

source within the areas covered by the 

plan as necessary to assure that [the 

NAAQS] are achieved.’’ The program for 

regulation of modification of stationary 

sources is known as ‘‘minor NSR,’’ and 

the requirements for minor NSR 

programs are contained in Subpart I of 

Part 51 in Title 40 of the Code of Federal 

Regulations (CFR). Given the language 

of element 110(a)(2)(C), it is necessary to 

conclude that an infrastructure SIP 

submittal must address the triggering 

new or revised NAAQS. 

Comment: DEQ noted that EPA had 

not acted on Wyoming’s May 11, 2011 

submittal, which (among other things) 

added Section 13 to Chapter 6 of the 

WAQSR. DEQ stated it was concerned 

about ‘‘future inconsistency in the GHG 

PSD permitting regulations.’’ DEQ also 

stated, ‘‘The State of Wyoming will 

experience additional harm if a 

construction ban goes into effect on 

January 20, 2014 without EPA approval 

of the May 11, 2011 SIP.’’ 

Response: EPA disagrees with the 

concerns expressed by DEQ. First, EPA 

has already approved the portion of the 

May 11, 2011 submittal that revised the 

State’s PSD program. See 76 FR 44265 

(July 25, 2011). The remaining portion 

of the May 11, 2011 submittal added 

two new sections to Wyoming’s 

permitting rules. Section 13, entitled 

‘‘Nonattainment permit requirements,’’ 

incorporates by reference federal rules 

at 40 CFR 51.165. Section 14, entitled 

‘‘Incorporation by reference,’’ 

establishes the date of incorporation by 

reference of federal rules and provides 

information on how the public can 

inspect or obtain copies of the Code of 

Federal Regulations. In this action, we 

are approving a subsequent revision of 

Section 14 that supersedes the version 

of Section 14 in the May 11, 2011 

submittal. Thus, the only remaining 

portion of the May 11, 2011 submittal 

that remains to be acted upon is the 

addition of Section 13, which addresses 

nonattainment NSR requirements. 

First, DEQ has not identified how 

nonattainment NSR requirements are 

relevant to EPA’s action on an 

infrastructure SIP submittal. As stated 

in our proposal notice (and not disputed 

by DEQ), nonattainment area plan 

requirements under part D of title I of 

the Act, including the requirement in 

110(a)(2)(C) for a permit program as 

required by part D of title I (i.e., 

nonattainment NSR), are not governed 

by the three year submission deadline in 

section 110(a)(1). Instead, 

nonattainment NSR requirements are 

due at the same time as other 

nonattainment area plan requirements 

are due under the Act. As a result, 

nonattainment NSR requirements are 

outside the scope of this action on 

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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73447 

Wyoming’s infrastructure SIP 

submittals. 

Second, it does not appear that our 

action on Wyoming’s infrastructure SIP 

submittals and on Wyoming’s adoption 

of the PM2.5 increments could result in 

an inconsistency in GHG PSD 

permitting. We have separately 

completed our proposed approval of 

Wyoming’s March 8, 2013 GHG PSD 

submittal. With respect to Section 13 of 

Chapter 6, DEQ did not identify any 

specific dependency between it and the 

March 8, 2013 GHG PSD submittal or 

the May 24, 2012 PM2.5 increment 

submittal that would cause any future 

inconsistency in GHG permitting. In 

addition, the March 8, 2013 GHG PSD 

submittal did not include Section 13, so 

it appears to EPA that the two are 

independent. 

Third, DEQ has not identified any 

reason why EPA’s inaction on the 

Section 13 portion of the May 11, 2011 

submittal would cause a construction 

ban to take effect on January 20, 2014. 

We note that, on May 21, 2012, EPA 

designated the Upper Green River Basin 

Area in Wyoming as marginal 

nonattainment for the 2008 ozone 

standard, effective July 20, 2012. See 77 

FR 30517–30518. Although DEQ does 

not explain how it derived its January 

20, 2014 date, that date is 18 months 

after the effective date of the designation 

of the Upper Green River Basin Area. 

Under 40 CFR 52.24(k), after 

designation of a nonattainment area and 

prior to EPA’s approval of a 

nonattainment NSR program that meets 

the requirements of part D of title I of 

the CAA, the Emission Offset 

Interpretative Ruling, 40 CFR part 51, 

appendix S governs permits to 

construct. As stated in EPA’s June 6, 

2013 proposed rule for implementation 

of the 2008 ozone standards, 78 FR 

34200–201, in EPA’s 2005 promulgation 

of the phase 2 implementation rule for 

the 1997 ozone NAAQS, ‘‘the EPA 

revised section 52.24(k) to eliminate 

language stating that if a nonattainment 

area did not have an approved 

nonattainment NSR program within 18 

months after designation, a construction 

ban would apply.’’ The June 6, 2013 

proposal explains that the DC Circuit 

Court of Appeal’s decision in NRDC v. 

EPA, 571 F.3d 1245 (D.C. Cir. 2009) left 

this revision of § 52.24(k) undisturbed, 

except with respect to the availability of 

waivers under section VI of Appendix S 

after the 18-month period has expired. 

Thus, DEQ’s concerns about a 

construction ban are unnecessary, as 

Appendix S to 40 CFR part 51 (with the 

exception of waivers under section VI of 

Appendix S after January 20, 2014) 

governs construction permits within the 

Upper Green River Basin Area until EPA 

approves a SIP revision containing a 

nonattainment NSR program that meets 

the requirements of part D of title I of 

the Act, specifically requirements 

contained in 40 CFR 51.165. 

III. Final Action 

EPA is approving Wyoming’s March 

26, 2008 and August 19, 2011 submittals 

for the following infrastructure elements 

for the 1997 and 2006 PM2.5 NAAQS: 

(A), (B), (C) with respect to minor NSR 

and PSD requirements, (D)(ii), (E)(i), 

(E)(iii), (F), (G), (H), (J), (K), (L), and (M). 

EPA is also approving revisions to 

WAQSR Chapter 6, Section 4, as 

submitted on May 24, 2012, which 

incorporate the requirements of the 

2010 PM2.5 Increment Rule; specifically, 

revisions to: Chapter 6, Section 4(a) 

Definitions of ‘‘Baseline area’’, ‘‘Major 

source baseline date’’, and ‘‘Minor 

source baseline date’’; Chapter 6, 

Section 4(b)(i)(A)(I) Table 1, Chapter 6, 

Section 4(b)(viii), and Section 14. 

EPA is disapproving Wyoming’s 

March 26, 2008 and August 19, 2011 

submittals for the section 110(a)(2)(E)(ii) 

infrastructure element, related to CAA 

section 128, State Boards, for the 1997 

and 2006 PM2.5 NAAQS. Finally, EPA is 

taking no action on infrastructure 

element (D)(i) for the 2006 PM2.5

NAAQS. 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves some state law as meeting 

Federal requirements and disapproves 

other state law as not meeting Federal 

requirements; it does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because Wyoming’s 

SIP does not apply in Indian country, 

and EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 4, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

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73448 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 15, 2013. 

Judith Wong, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart ZZ—Wyoming 

■ 2. Section 52.2620 is amended by: 

■ a. The table in paragraph (c)(1): 

■ i Under Chapter 6, revise the entry for 

Section 4. 

■ ii. Under Chapter 6, add the entry for 

Section 14. 

■ b. The table in paragraph (e), add the 

entries XXI and XXII at the end of the 

table. 

The amendments read as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject 

State adopted 

and effective 

date 

EPA 

approval 

date and 

citation 1

Explanations 

*******

Chapter 6 

*******

Section 4 ................................. Prevention of significant deterioration.1/13/2012, 

3/28/2012 

12/6/13 [insert Federal Register page number where 

document begins].

Section 14 ............................... Incorporation by reference ..... 1/13/2012, 

3/28/2012 

12/6/13 [insert Federal Register page number where 

document begins].

*******

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * (e) * * * 

Name of nonregulatory SIP 

provision 

Applicable geographic or 

non-attainment area 

State submittal 

date/adopted 

date 

EPA approval date and 

citation3 Explanations 

*******

XXI. Section 110(a)(2) Infrastructure Requirements for 

the 1997 PM 2.5 NAAQS.

Statewide ............................... 3/26/2008 12/6/13 [insert Federal Register page number where 

document begins].

Element (E)(ii) is disapproved. 

XXII. Section 110(a)(2) Infrastructure Requirements for 

the 2006 PM2.5 NAAQS.

Statewide ............................... 8/19/2011 12/6/13 [insert Federal Register page number where 

document begins].

Element (E)(ii) is disapproved. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73449 

* * * * * 

[FR Doc. 2013–28949 Filed 12–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9903– 

47–Region–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Omaha Lead Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 7 announces the 

deletion of 1,154 residential parcel(s) 

identified June 4, 2013 Federal Register 

(FR) Notice of Intent to Partially Delete 

(NOIPD) of the Omaha Lead Superfund 

Site (Site) located in Omaha, Nebraska 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the soil of 1,154 

residential parcels identified in the June 

4, 2013 FR NOIPD. The remaining 

residential parcels with soil lead levels 

at or above 400 parts per million (ppm) 

will remain on the NPL and are not 

being considered for deletion as part of 

this action. The EPA and the State of 

Nebraska, through the Nebraska 

Department of Environmental Quality, 

have determined that all appropriate 

response actions under CERCLA have 

been completed. However, the deletion 

of these parcels does not preclude future 

actions under Superfund. 

DATES: This action is effective December 

6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

2003–0010. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

EPA Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219, open from 8 

a.m. to 4 p.m. 

EPA Public Information Center (north) 

3040 Lake Street, Omaha, NE 68111, 

open from 8 a.m. to 4 p.m. Call (402) 

991–9583 to ensure that staff are 

available; EPA Public Information 

Center (south) 4909 S. 25th Street, 

Omaha, NE 68107, open from 8 a.m. 

to 4 p.m. Call (402) 731–3045 to 

ensure that staff are available; W. Dale 

Clark Library, 215 S. 15th Street, 

Omaha, NE 68102. 

FOR FURTHER INFORMATION CONTACT: 

Pauletta France-Isetts, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 7, 8400 Underground 

Drive, Pillar 253, Kansas City, Missouri 

64161, (913) 551–7701, email: 

france-isetts.pauletta@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

portion of the site to be deleted from the 

NPL is: 1,154 residential parcels located 

within the Final Focus Area of the 

Omaha Lead Site, Omaha, Nebraska. A 

Notice of Intent for Partial Deletion for 

this Site was published in the Federal 

Register on June 4, 2013. Parcel 

addresses are included as part of docket 

EPA–HQ–1990–0010, which can be 

accessed through the http://

www.regulations.gov Web site. 

The closing date for comments on the 

Notice of Intent for Partial Deletion was 

July 5, 2013. No public comments were 

received. EPA still believes the partial 

deletion action is appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: October 28, 2013. 

Karl Brooks, 

Regional Administrator, Region 7. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300— NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by revising the entry under 

Omaha Lead Site, Omaha, Nebraska to 

read as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/County Notes a

*******

NE .............................................................. Omaha Lead ............................................. Omaha/Douglas ........................................ P 

* * * * * * * 

a * * * 

P = Sites with partial deletion(s). 

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